Stepparent Adoptionis governed by Florida Statute Chapter 63

Stepparents who adopt their stepchildren are special. Like other
family adoptions, adoptions by stepparents are done with the best
interests of the children held high. As it should be.

When all parties agree, the process for stepparent adoptions in
Florida is fairly simple. Sometimes the biological parent is not
available to consent to the adoption. Other times the identity of the
biological parent is not known. In either of these cases, the process is
slightly more complex, but not at all impossible for a pro se litigant.

Part of the stepparent adoption process is to terminate the
parental rights of the biological parent. Termination of parental rights
is never to be taken lightly. The biological parent being asked to
terminate parental rights should search their heart, and seek legal
advice if at all unsure about what to do.

If All Parties Agree

If all parties agree, it is simply a matter of completing the proper
forms properly. Then those forms are filed with the clerk of court. At
the time of the initial filing the joint petition for adoption is filed
along with the Consent and Waiver by Parent. After the paperwork is
entered into the clerk of court's system, then the couple seeking the
adoption can request a court hearing.

If a Biological Parent's Whereabouts is Unknown

If a biological parent's whereabouts is unknown, the party seeking
adoption must conduct a search for the parent gone missing. The
Affidavit of Diligent Search is a list of places where they must search
for the biological parent. The list includes things like: Prisons; Cable Companies; Utility Companies; Hospitals; Military; an Internet Search; and the U.S. Post Office.

Other Family Adoptions

Florida
Statute Chapter
63 addresses
adoptions by family members. To be considered a family member for the
purposes of a family adoption at least one of the adoptive parents
must be within three steps of consanguinity - blood relation. For
example, if a couple is adopting the wife's sister's daughter - their
niece - then the aunt is within three steps of blood relation, but
the uncle is related by affinity (marriage). Grandparents, great
grandparents, and siblings are also within the three steps of blood
relation. Single close relatives are also allowed to adopt.

Florida
publishes forms for stepparent adoption, but not for the other types
of family adoption. The procedures are similar, but not identical. In
a stepparent adoption, only the consent from one biological parent is
required. In the other types of family adoptions consents of both
parents are generally required.

Putative Father Registry

If
the identity of the father is unknown, which then means that his
whereabouts is also unknown, the prospective adoptive parents must
request a search of the putative father registry. The putative father
registry is maintained by the Department of Health and Vital
Statistics. The purpose is to protect the rights of unwed fathers. It
serves that purpose to an extent. For example, if an unwed couple has
a child together and then separates the father can register as the
putative father to preserve his paternal rights. More commonly the
registry protects the father's rights when the couple separates while
the mother is pregnant, and the couple loses contact with each other.

Adoption Information

Part
of the adoption process is to terminate the parental rights of the
biological parent or parents. Termination of parental rights is never
to be taken lightly. The biological parent(s) being asked to
terminate parental rights should search their heart, and seek legal
advice if at all unsure about what to do

Adults
who live and work in the state, are of good character, and have the
ability to nurture and provide for a child may adopt. Single adults,
as well as married couples, may adopt. A stepparent may adopt his or
her spouse’s children. In 2010, the Third District Court of
Appeal ruled that the statutory ban prohibiting homosexuals from
adopting a child is unconstitutional. The Department of Children &
Families did not seek review by the Florida Supreme Court of this
decision so a person who is a homosexual may now adopt a child even
though the ban is still in an existing statute.

The
requirement for a criminal background check and taking the Model
Approach to Partnerships in Parenting (MAPP)
course are waived for stepparent and close family adoptions.

In
stepparent and close relative adoptions, the adopting parent(s)
typically finalize the adoption and terminate the biological
parent(s) parental rights at the same time. The biological parent's
obligation to pay ongoing child support ends when the adoption is
final; however child support arrears are a vested interest of the
child, and are still owed.

Ten
days after the judge signs the Final Order of Adoption, the clerks of
court seal the file. Adoptive parents need to request several
certified copies of that court order within that ten day window. Each
entity that the parents must notify of the child's adoption will
require a certified copy of that order for their files. The number of
certified copies the parents should request varies depending on the
age of the child. The older the child, the more court orders they'll
need to have. Entities such as the social security office; the
child's physician; the child's school; the Department of Health and
Vital Statistics; the child's day care provider; and extra-curricular
activity and sports centers; may all require a certified copy of the
final order of adoption. These entities do not just need to see the
order, they need it for their files. And it may not be a copy, but
must be a copy certified by the clerk of court.

For
all legal purposes, the adopted child will be considered the natural
child of the adoptive family. Further, the adopted child will be
legally considered as if he/she were born into the adopted family.
That child will be deemed equal with all other children that may then
be or later come into the adopted family. This means that the adopted
child will inherit equally to those children biologically born into
the family for purposes of estates and wills or divorce. It is as
though the child was born into the adoptive family initially.

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